Demanding tenants purchase equipment for property care, Colorado

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Demanding tenants purchase equipment for property care, Colorado

Andrew Rinne
Colorado Springs, CO · Member since 2013 · 15 posts · 3 votes

What is the legality in Colorado Springs, CO of asking a tenant to purchase lawn care equipment (lawn mower, weed trimmer, rakes etc) to care for the owner's lawn? The lease agreement says: 

"Tenants are responsible for proper yard maintenance and upkeep including but not limited to mowing, watering, cleaning gutters, raking, and shoveling of sidewalks".

Are there any Colorado Springs or state of Colorado laws that would prevent an owner of a home from requiring the tenant purchases their own equipment?  I would be looking for specific laws or statutes that would prevent or allow this.

And if it is allowed, the wording on the lease is pretty vague. Who is to decide what makes maintenance of a yard "proper"?  What if the tenants think "proper" yard maintenance includes lovely, long, tall, bushy grass?  What if they don't like short grass?  What if the tenant has a disability that doesn't allow them to push a lawn mower? What if they would have to hire someone to do it in this case? So I'd also like to know what you all think about the wording of the lease as well and what the tenants might be able to get away with.

Thanks for taking the time to read and respond. One of my close friends is a pretty big player in your forums/is a moderator and he turned me on to you guys a few years ago and you've always been a real great source of info for my fiance and me. (As a side note, we finally have our first rental property in the Denver area! So excite!).

Cheers, ya'll.

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Dan Schwartz
Real Estate Investor · Tempe, AZ · Member since 2012 · 874 posts · 648 votes
9y
@Andrew Rinne I can't speak to Colorado specifically, but I think what is enforceable is the "result," not the "method." Whether the grass is mowed by the tenant, or if the tenant hires someone to mow it for him or her, or if the tenant cuts the whole lawn with kitchen shears, or if a llama strolls on by and grazes on the lawn, probably doesn't matter so long as the yard is properly maintained.
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  • Andrew Rinne
    OP
    Colorado Springs, CO · Member since 2013 · 15 posts · 3 votes
    9y

    *Edit*, not actually sure if he's a moderator, maybe just a very active member*.

    0Reply
  • Dan Schwartz
    Real Estate Investor · Tempe, AZ · Member since 2012 · 874 posts · 648 votes
    9y
    @Andrew Rinne I can't speak to Colorado specifically, but I think what is enforceable is the "result," not the "method." Whether the grass is mowed by the tenant, or if the tenant hires someone to mow it for him or her, or if the tenant cuts the whole lawn with kitchen shears, or if a llama strolls on by and grazes on the lawn, probably doesn't matter so long as the yard is properly maintained.
    8Reply
  • Gretchen P.
    Rental Property Investor · Littleton, CO · Member since 2014 · 150 posts · 114 votes
    9y

    I agree with Dan, as far as the "how". If a tenant is unable or doesn't care to mow and trim bushes they are free to hire a neighborhood kid or lawn service. 

    If the tenant isn't interested in mowing and watering, they need to find a rental with Xeriscaping in place or in a condo type building, or with a landlord who includes lawn care as part of the rent. 

    1Reply
  • Marian Smith
    Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
    9y
    True, you could ask prospective tenants if they own a lawnmower or possibly put ownership in the lease (not sure how that would work). I have two tenants (out of 4 so 50%) who hire out lawn care. As long as it is mowed...
    0Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    city code defines what is proper for a property's lawn service.

    If a tenant can't comply then if a property owner is given a notice from city to remedy  or is fined, the tenant would be given notice to comply or fine passed on, notice of non-compliance is lease violation and is cause for eviction.

    is tenant responsible to purchase lawn equipment.. unless it's supplied and or in the lease it is tenants responsibility to maintain the property.. 

    3Reply
  • Gail K.
    Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    Many leases for SFH will include a clause that makes the tenant responsible for lawn maintenance. This can mean the tenant uses their own lawn equipment or hires a service to do the care if they are unable to unwilling to do so.

    Most landlords will not provide the equipment over a concern that if a tenant sustains an injury while using, say, a lawnmower the landlord might find themselves being sued for such.

    Just as an aside, several years ago I provided several lawnmowers to tenants.  One damaged it to the point where, when I got it back, the gas tank was simply hanging off of it, one had their dog chew all the rubber parts off of it (and broke the starter cord) and the third one simply "disappeared" with the tenant when they moved out.  That ended that idea.

    While a tenant may like a "bushy" lawn keep in mind that in some areas a landlord may be fined by the city/county for an unkempt yard.   If that is the case you can be sure that the landlord will be talking to the tenant with a concern that, if not addressed, failure to maintain the lawn as outlined in the lease can be considered a breach of the lease.

    Mowing, raking, watering and shoveling sidewalks isn't that unusual.   I'd be a little concerned about forcing tenants to stand on ladders to clean gutters...but that's just me.

    Gail

    1Reply
  • Gretchen P.
    Rental Property Investor · Littleton, CO · Member since 2014 · 150 posts · 114 votes
    9y

    I agree about the gutters, I think while it could be in the lease, we check our gutters on our properties, because we want to make sure they are cleaned out properly. 

    1Reply
  • Colin SmithBusiness Member
    Realtor · Colorado Springs, CO · Member since 2013 · 988 posts · 447 votes
    9y

    @Andrew Rinne - Our lease has a similar clause stating that it's the tenants responsibility to maintain the yard, sidewalks, etc. It also states that if they choose not to maintain those areas then we will hire someone to do so on their behalf and bill it back to the tenants. 

    2Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    9y
    It is the result you define in the lease I would not worry about how they do it Although you could put the tenant is solely responsible for acquisition and maintenance of equipment needed to maintain the premises in accordance with this provision. I don't provide lawn mowers but students get snow shovels.
    1Reply
  • Andrew Rinne
    OP
    Colorado Springs, CO · Member since 2013 · 15 posts · 3 votes
    9y

    Thanks to all of the people who had meaningful replies to my direct questions!

    0Reply
  • Andrew Rinne
    OP
    Colorado Springs, CO · Member since 2013 · 15 posts · 3 votes
    9y

    Also, there is no HOA for this particular area/blocks of homes. Deciding "proper" yard maintenance would then be up to the city. And I can almost guarantee there is a very, very easy city code (if any code at all) from Colorado Springs (one of the most regulation-free towns in the country).

    0Reply
  • Gail K.
    Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    Your landlord can also determine what is "proper" yard maintenance.  Look; you may feel that allowing the grass to grow until it can tickle your underarms might be "proper" to you but it likely isn't going to fly with the landlord and there's a good chance that trying this is going to result in a breach of lease issue.

    Stop playing games and cut the grass (or pay someone to do this) on a regular basis.

    Gail

    0Reply
  • Mark H.
    Richmond, VA · Member since 2016 · 215 posts · 129 votes
    9y
    Personally, at the end of the day if you don't want to do yard maintenance, don't move into a SFH and then complain when the lease says it's your responsibility.
    0Reply
  • Dan Schwartz
    Real Estate Investor · Tempe, AZ · Member since 2012 · 874 posts · 648 votes
    9y
    From where has the impression that the original poster is the tenant and not the landlord crept into the discussion? Which is he?
    0Reply
  • Bryan O.
    Specialist · Lakewood, CO · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    @Andrew Rinne barring city requirements, yard maintenance is similar to interior maintenance. They need to keep it at or near the standard that was provided at move-in. It is a little vague because plants and dirt are not either on or off. Hence the ambiguity. You would not be able to make them buy their own equipment because they may simply want to hire a service. If they do not maintain the lawn, document it, let them know you will hire a service and charge it back, then follow through. Be very certain that you have move-in pictures and then the unacceptable state photos.

    Personally, I would go with @Dan Schwartz and maybe provide them a llama, but you would need to keep them from strolling off to, er, greener pastures. There are services that mow with goats   :)

    0Reply
  • Steve B.
    Engineer · Portland, OR · Member since 2014 · 1k+ posts · 1k+ votes
    9y
    All standard leases default to the tenant being responsible for their own yard maintenance. Obviously a landlord isn't responsible for yard equipment. If that's really your question it's pretty dumb
    0Reply
  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    9y

    @Andrew Rinne my bet is that the City does have code for yard maintenance. Most areas do. Around here it's 6" or shorter. It says nothing about dirt which is what I get more than weeds or grass too tall. Dirt is because tenants are too cheap to pay for water to grow the grass. If you are asking a hypothetical question to vet your lease clause, then in practice the biggest concern is usually the lack of watering. If you don't water here the most you have to mow is 1-2 times in the spring and 1 or 2 times the remaining portion of the summer.

    Usually the most effective clauses are ones that carry a stick (landlord will perform and charge tenant cost of $XXX if Y is not done) and a specific measurable requirement (tenant shall perform x each week). As long as you are not trying to make the tenant keep the best lawn on the block, you probably won't end up in court. Truly you never know how judges will view the situation if it did end up in court. If the requirement is spelled out in the lease and the tenant signed it then it is likely that the judge would land on the landlord side.

    1Reply
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